Guarantee in contractual responsibility in Islamic jurisprudence: a comparative jurisprudential study

Abstract

The guarantee of the contract in Islamic jurisprudence in the idiomatic sense, is the guarantee of money that has been damaged based on one of the guarantee contracts, and its guarantee at that time is what the contract requires of compensation, without taking into account its value as a basis for assessment. The thing sold is secured in the hands of the seller before delivery of the price. If it is damaged before delivery, even by a celestial blight, the contract is voided and the price falls, and if the buyer has paid it back, the guarantee of the contract is only in financial exchange contracts. The idea of ​​guaranteeing the contract in Islamic jurisprudence is contrasted with the idea of ​​a binding contract for both sides in the jurisprudence of modern civil codes, and not the idea of ​​contractual responsibility.